BOS [+live in Scotland] Debt Purchased by 1St Credit

[Peterbard]

I think that is a weak argument and there would be an implicit instruction, what is this "wikipedea" you keep mentioning ?

[daviscup]

Hi everyone, I was wondering if anyone had any further suggestions on how to get this company off my back.

They are still chasing me even though I have informed that the debt is statute barred "in my & some peoples opinion"

 

I ask as I received a mail advising if they don't receive payment proposal they will take appropriate action.

 

To be honest if they take me to court I would happily take them on as I have nothing to lose, no assets very low salary.

 

I would just be interested in hearing any opinions on how or if I should respond or just wait it out see what happens.

 

Many thanks

[BRIGADIER2JCS]

Thanks for this "authority", it would seem that payment by a third party is acceptable, however I still think that the way the restructuring of the payment from the beginning of the contact, which is prescribed by the FoS rules on redress , would mean that the repayment were to be treated as never being made, rather than crediting the account.

 

I think that this is the real argument.

 

I think you misread again this destroys your argument completely NO explicit authorisation was made.

[dx100uk]

Hi everyone, I was wondering if anyone had any further suggestions on how to get this company off my back. They are still chasing me even though I have informed that the debt is statute barred "in my & some peoples opinion"

 

I ask as I received a mail advising if they don't receive payment proposal they will take appropriate action. To be honest if they take me to court I would happily take them on as I have nothing to lose, no assets very low salary.

I would just be interested in hearing any opinions on how or if I should respond or just wait it out see what happens.

 

Many thanks

 

just note that they don't say 'what appropriate action!'

 

just another threat-o-gram

 

it does NOT say WILL do anything.

 

dx

[BRIGADIER2JCS]

Time to go to the top (much to the disgust of some no doubt).

 

STRICTLY

Private & Confidential

Mr Eddie Nott

CEO 1st Credit Ltd.,

 

 

Date:......................;

 

Ref:use theirs.

 

Complaint Harassment in regard to statute barred debt:

 

Dear Mr Nott,

 

I have been contesting an alleged debt that 1st Credit alleges is owed by me (1st Credit Reference No. xxxxxxxxxx),. I am enclosing copies of correspondence for clarification.

 

Having sought advice on this matter I have concluded the alleged debt is statute barred and became so on xx.xx.xxxx., however 1st Credit claim that an ex gratia payment made to the account on xx.xx.xxxx in relation to a PPI claim restarted the limitation period, clearly it did not as I DID NOT personally explicitly authorise any such payment to the account.

 

The company making the payment were NOT my authorised representative or agent in this matter.

 

I refer you to the Scottish Limitations Act Part 1 6 (1) (b). which is clear on 3rd party payments and the limitation period, something your staff should be aware of!

 

Therefore once more I formally state the alleged debt is STATUTE BARRED and no payment will be made under the Scottish Limitations Act the alleged debt is extinguished.

 

1st Credit Ltd., continue to harass me regarding payment of a statute barred debt and I would remind you of the provisions of the OFT Guidance 2003/2006 up dated Nov.2012 regarding pressing for payment of a statute barred debt once the debtor has informed the creditor in writing of the status of the debt.

Either through incompetence or deliberate harassment 1st Credit Ltd., continue to press for payment and gave ignored all correspondence relating to the status of the alleged debt.

 

I now REQUIRE 1st Credit Ltd., to confirm in writing that the alleged debt is statute barred and that the matter is closed.

 

I require confirmation within 7 days of the date hereon after which complaints WILL be made to the OFT/FCO with a comment on 1st Credit Ltd fitness to hold a consumer credit licence.

 

This is addressed to you personally Mr Nott in the hope of receiving a proper and reasonable response.

 

This communication is sent by RM recorded signed for post, receipt will be checked.

[Peterbard]

I think you misread again this destroys your argument completely NO explicit authorisation was made.

 

 

Not a clue what you are referring to here

[sequenci]

I don't think the PPI refund will have any bearing as it's not a 'payment in respect of a debt'.

 

Not sure why a complaint should be directed to the OFT - they won't be interested, I've not heard of the FCO.

[Peterbard]

I don't think the PPI refund will have any bearing as it's not a 'payment in respect of a debt'.

 

Not sure why a complaint should be directed to the OFT - they won't be interested, I've not heard of the FCO.

 

Yes I agree Both

[daviscup]

Just an update on the alledged debt 1st credit have purchased.

 

Well since my last post

 

I have not heard anything else from them since my last mail to them back in August disputing alledged payments made on the 10/11/2013.

 

Well today is 5 years from the alledged payment so the can finally confirm today the debt is SB.

 

I would like to take a moment to thank everyone that offered advise it truly helped and I appreciate every response.

[babydoll0141917]

well done you must be in Scotland then ..Mine is SB in March 2014..Have been playing letter tennis for 15 months now with 1st Credit..Take me to court or stop hasseling is my moto ..

[mikeymack2002]

(A) pays (B) for a service

 

(B) rips off (A)

 

(B) agrees to pay back the fees

 

(B) owes (A) the moneies that (A) paid to (B)

 

because (A) owes (B) does not give (B) the right to offest monies owed, therefore (B) actually still owes (A) as (A) has not had the funds for the monies paid out. therefore (B) is still in breach of common contract because the contract was not LEGAL in the first place, hence the refund of fees. As far as the monies paid to the debt , was made without authority by (A) therefore in comon law the payment was not made with the concent of (A) so therefore the debt is still statute bared

 

If in doubt ask 1st Crudit to prove the T&C,s are the correct ones that have always been in force!

 

MM

[daviscup]

Hi everyone.

I am just looking for another bit of advise regarding this SD debt.

 

Do you guys think I should contact them in writing to ensure that they understand not to peruse me in future for this alleged debt?

 

I would be much happier in the knowledge that they agree that the debt is SD and I no longer have any dealing with this company.

[BRIGADIER2JCS]

To the Compliance Manger 1st Credit:

 

Sir Madam,

 

I refer to the alleged debt 1st. Credit Reference xxxxxxxxxxxxxxxxxxxx, this letter is formal notice that this matter is statute barred therefore I will not now or in the future make any payment or offer of payment in regard to this.

 

1st Credit is reminded that the Limitation Period in Scotland is 5 years and that the alleged debt is now extinguished completely and cannot be sold or assigned to any third party.

 

1st Credit will confirm in writing within 7 days that it has closed its file on this matter.

 

This is my final response.

 

 

Send by recorded/signed for post and check date received.

[Peterbard]

Hi everyone. I am just looking for another bit of advise regarding this SD debt. Do you guys think I should contact them in writing to ensure that they understand not to peruse me in future for this alleged debt?

 

I would be much happier in the knowledge that they agree that the debt is SD and I no longer have any dealing with this company.

 

Its entirely up-to you of course and I can certainly understand anyone wanting to know that they were out of the woods, but personally I would keep stumm unless they contacted me first. Just forget about it and move on.

[daviscup]

Hi Dodgeball, thanks for your opinion I think you might be right just move on from it not like they can pursue further with legal action. I don't hear from them anymore via telephone only by letter "when they do choose to contact me" so really it's not a big deal.

 

Case closed I say:whoo:

[BRIGADIER2JCS]

Its entirely up-to you of course and I can certainly understand anyone wanting to know that they were out of the woods, but personally I would keep stumm unless they contacted me first. Just forget about it and move on.

 

In your own words that is uneducated nonsense, why have the thought that this may crop up again obviously you have little experience of the actions of DCAs.

[Peterbard]

In your own words that is uneducated nonsense, why have the thought that this may crop up again obviously you have little experience of the actions of DCAs.

 

Not very nice Brig, just my opinion.

 

The OP could always use your letter if the creditor should contact them.

[Peterbard]

Hi Dodgeball, thanks for your opinion I think you might be right just move on from it not like they can pursue further with legal action. I don't hear from them anymore via telephone only by letter "when they do choose to contact me" so really it's not a big deal.

 

Case closed I say:whoo:

 

I think that even if you were to send them a letter it would not guarantee that you got the reply you wanted. Sleeping dogs and all that

 

I think you are in the clear anyway

[Desperate Daniella]

I am delighted that you are now in the clear - and so jealous that it's only five years in Scotland.

 

Whatever you decide to do, it's now statute barred and that's an end to it regardless of whether or not you hear anything in the future.

[daviscup]

I am delighted that you are now in the clear - and so jealous that it's only five years in Scotland.

 

Whatever you decide to do, it's now statute barred and that's an end to it regardless of whether or not you hear anything in the future.

 

Yea it feels good to finally be on top of my finances, I also made a last payment to a £3,500 (PPI reclaimed) debt this month so I am really in good situation only a relatively small card debt & a catalog debt to clear and the mistakes I made in my youth with be cleared.

[BRIGADIER2JCS]

I hope this does go away you may very well end up having to go through all this again, your choice of course and I wish you the best for the future.

[BRIGADIER2JCS]

Not very nice Brig, just my opinion.

 

The OP could always use your letter if the creditor should contact them.

 

Just your own words come back home!

[Peterbard]

I am not going to be drawn into another silly argument with you Brigadier. I dare say it will do no harm to send a letter asking them to acknowledge the SB situation, but I cannot see the advantage.

If it is SB it is SB a letter at this stage would make no difference and it may just encourage them to re examine the account and who know what they may come up with, personally I would let sleeping dogs lie. But at the end of the day it is a matter of opinion.